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Truck Accident Litigation There are many potential defendants in a lawsuit involving a truck accident. It could include the truck driver and their employer, as well as a manufacturer who produced defective equipment, or a contractor that loaded cargo improperly. Many trucks have event data recorders (also known as black boxes) which can aid investigators in determining how a crash happened. Personal injury lawyers with experience will be able to verify the information in log books. Investigation of the Scene In the case of a car accident the first thing you need to do is collect evidence. The causes of truck accidents differ. There are other factors to take into consideration. Trucks are frequently carrying dangerous goods, and even a minor collision can result in fatal or serious injuries. The investigation process is more complicated than a typical car accident. It takes longer and requires the assistance of experts from a variety of areas. A lawyer with experience can help you find the right professionals to handle this work. A thorough investigation into the cause of a truck crash involves interviewing eyewitnesses as well as visiting the scene of the accident. It also requires the assistance of experts who can retrace how the accident happened based on the evidence gathered. This information is essential to the case of a defendant being held accountable for the accident. A lawyer must also inquire of the trucking company and driver for any information that could be relevant to a case. This could include information on the safety policies of the trucking firm as well as training procedures and maintenance protocols. Additionally, the past of the truck driver is vital, such as any past incidents, reprimands, or drug/alcohol test results. The information from the black box of the truck is an additional piece of evidence that needs to be collected. These devices, which are like those used in planes, could provide a lot of information about the accident. Attorneys should request this information as soon as you can, since it could be lost due to the elements or traffic. Finally, an attorney should also collect medical records from the victims of the crash. These documents will prove that the injuries sustained in the crash have caused long-lasting and substantial damage. It is important to keep these documents, along with any medical notes and treatment schedules. Expert Witnesses The majority of truck accidents are settled between the insurance company, the person who was injured and the trucking company. However, there are some that do NOT and must be taken to court. This is where expert witnesses play a crucial role. They are professionals who have the training and knowledge to evaluate the information in your case, and give their opinion to the jurors. They can explain complex mechanics, medical concepts, and economic concepts to jurors who have little or no knowledge of them. Depending on the kind of expert witness needed, they could be as basic as a mechanic who will determine the reason your vehicle was damaged in the crash and metallurgists who conduct a failure assessment on the truck part that is in question or pathologists who determine the cause of death. They could be required to examine and testify on specific elements of your case, for instance the force or the crash or the vehicle's velocity, or the reconstruction of the accident. Another area in which experts are called in is for medical experts to confirm the severity of your injuries. This is an area that can be heavily contested by the insurance company, as they may try to claim that you have exaggerated your injuries or that they were pre-existing injuries and that the accident didn't cause any further damage. In these cases your lawyer may bring an independent expert to refute the evidence of the doctor who is a part of the insurance. Finally an expert witness could be vital when it comes to proving that the trucker involved in the accident was negligent in any way. Expert witnesses will utilize their knowledge to help the jury comprehend how the truck driver failed to do his or her job, the consequences this failure has caused, and the resulting financial repercussions of the inattention for you. GPS Tracking When accidents with trucks occur, it is not uncommon for victims to suffer serious injuries. They deserve compensation for medical expenses, lost wages, suffering, and other expenses. Cellino Law, a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients. GPS tracking is among the most efficient technologies in cases of accident. These devices are utilized by the trucking industry and usually contain a variety important data that help determine responsibility. A Qualcomm system can provide important information such as speed, braking performance engines performance, speed, and service hours. This information can be paired with other evidence, including eyewitness accounts, to reconstruct the scene of the crash. Dash cams and telematics reports could be helpful in a truck accident. Telematics refers to the information gathered by an automobile's onboard computer. It is used for fleet driver coaching and to record incidents. This information can include speed, harsh braking, and phone usage. This can be compared to the log books of truck drivers to determine whether accurate data was recorded. A fax report of any communication regarding the trip prior to the accident is also important. This can include the route, destination, and any stops made on the way as well as any messages exchanged between the trucker and the company. This can be used by an experienced personal injury lawyer to prove that the truck driver was distracted or did not follow safe procedures. If a person injured in a collision with a truck is able to demonstrate that the trucking company, truck driver or any other defendants failed to adhere to their duty of care and caused the accident, they should be held accountable for any injuries that may have occurred due to. Plaintiffs must show that defendants violated a law or regulation, and that the violation caused harm. It is much simpler to prove that a breach of a traffic law was negligent, but Federal regulations require a more complex analysis. Negotiating a Settlement In many instances, truck accident victims are able to settle their claims without having to go to court. The process of reaching settlement is to discuss the details of your case with an insurance firm, including the amount you are entitled to under state law. An experienced lawyer for truck accidents can assess your injuries and document the losses you have suffered in the crash to determine how much your case is worth. The attorney can use the results of other similar truck accident cases and the way juries have awarded victims in similar situations to determine the fair amount to settle. Your lawyer can also work directly with the insurance company in order to ensure that the settlement you receive is adequate to cover the losses documented. This will include any amount you've lost due to missing work to seek treatment for your injuries. The lawyer can assist you with the documentation required for these losses, which could include former pay receipts. If your injuries stop you from returning to the same job, you could be entitled to compensation. Insurance companies will often start the conversation with an offer that is low. This is a typical tactic to determine how desperate you are to settle your case and can impact the value of your case. A seasoned attorney can prevent being mistreated by remaining at peace and not giving in to pressure to accept a poor settlement. Once your lawyer has agreed to a reasonable settlement amount, they will send a written demand for settlement to the at-fault party and must be responded to within 30 days or your rights to pursue the responsible party in court will be revoked. In some instances the trucking company could refuse to negotiate. Your lawyer will file a lawsuit on behalf of the negligent party. It is impossible to provide an estimate of the worth of a truck accident settlement because every case is unique. For instance the severity of injuries and the amount of time you'll be off from work for medical treatment are some of the factors that can vary. However, duluth truck accident lawsuit isn't unusual for settlements from truck accidents to be in the millions.